HomeMy WebLinkAbout029 - 03/02/2004 - AMENDING THE CITY CODE CONCERNING THE PROHIBITION OF INDOOR FURNITURE IN CERTAIN OUTDOOR LOCATIONS ORDINANCE NO. 029, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 20, ARTICLE III
OF THE CODE OF THE CITY OF FORT COLLINS
CONCERNING THE PROHIBITION OF INDOOR FURNITURE
IN CERTAIN OUTDOOR LOCATIONS
WHEREAS,by Ordinance No. 128, 2003,the City Council added a new Section 20-42.5 to
the City Code which prohibits indoor furniture in certain outdoor locations; and
WHEREAS,the Council now desires to amend Sections 20-41 and 20-42.5 by extending the
outdoor furniture restriction to all yards, whether adjacent to a public street or not, and by making
certain other related changes.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the definition of"yard'as contained in Section 20-41 of the Code of the
City of Fort Collins is hereby amended to read as follows:
Yard shall mean the open space between buildings and property lines at the front,
rear and sides of a property.
Section 2. That Section 20-42.5 is hereby amended to read in its entirety as follows:
Sec. 20-42.5. Outdoor furniture restriction.
(a) Keeping upholstered furniture which is not manufactured for outdoor use
in outdoor areas where such furniture is visible to neighbors and passersby in the
public right-of-way is hereby declared to be a nuisance. Accordingly,no person shall
place, use, keep, store or maintain any upholstered furniture not manufactured for
outdoor use, including, without limitation, upholstered chairs, upholstered couches
and mattresses, in or on any porch, patio or other unenclosed structure where such
furniture is visible from a public right of way or from the ground level of adjacent
property, and no property or property manager shall knowingly permit any such
activity to occur on property owned or managed by such person .
(b) The following shall constitute specific defenses to any alleged violation of
this Section:
(1) That such furniture was placed in the location in question in order to allow
it to be moved during a move of a resident or residents of the premises or
has been removed as part of a trash or recycling program on a day
scheduled for such moving or removal.
(2) That such furniture was temporarily placed in the location in question in
order that it be offered for sale at a yard or garage sale if each of the
following conditions exists; provided, however,that this defense shall not
apply if upholstered furniture is located in an outside location for more than
two (2) days in any six-month period:
a. The furniture is located in an outside location only between the hours
of 7:00 a.m. and 5:00 p.m.
b. The person attempting to sell the furniture, or that person's agent, is
outside during the period of the yard or garage sale in order to
monitor the sale; and
C. A sign is placed on or near the furniture indicating that it is for sale.
Introduced and considered favorably on first reading and ordered published this 17th day of
February, A.D. 2004, and to be presented for final passage on the 2nd day March, A.D. 2004.
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ayor
ATTEST:
c
City Clerk
Passed and adopted on final reading this 2nd day of March, A.D. 4.
Mayor
ATTEST:
1
City Clerk